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Workers compensation insurance(State Fund) is expired on

March this year. I ask to...
workers compensation insurance(State Fund) is expired on March this year.
I ask to re-insure and audit told me to pay $8000- and I paid it 10/17/16 but auditor said that is extra charge for November to March and it is not for re-insuring. ( I feel I was cheated) she said I have to apply W.C insurance again and it will not covered after March through now.
That means I do not have W.C. from March 14 to whenever they issue a new policy.
I have other problem that one of my employee claimed his back injury on 8/8/16 through his lawyer. ( that is a minor claim and I tried to send him clinic, but he got a lawyer and went their doctor and make ir larger).
I did not reply lawyer because at that time I and State Fund discussed re-instate. Now EDD send me questions for this employee. (by the way he never come back to work since 8/8/16. I think he quite)
my problem is
1. I have to get coverage W.C from March 13, 2016 through now.
2. I have to explain to EDD. I hold to reply their questions now.
if you can give me your assistance, I will be appreciated.
Dave Sato
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Answered in 18 minutes by:
11/1/2016
Law Educator, Esq.
Category: Legal
Satisfied Customers: 120,136
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, the money they are demanding is not for coverage from the time the workers compensation policy expired,it is the penalty for not having current workers compensation coverage during the months of March until when you reapply. So just like if your car insurance expired in March and you got into an Accident in August and try to pay up your insurance, they will not cover that August accident because there is no policy coverage in place during that time and they do not retroactively insure you. Thus, if there was a workers compensation injury during the time when the policy expired, your company will be liable for paying for medical expenses and the wages for the temporary total disability time for not having the coverage in place at the actual time the accident occurred.
You cannot get retroactive coverage though. That would mean that people could avoid paying for insurance forever unless some accident happens they need coverage on and then go back and pay for insurance and such retroactive coverage is not allowed. The only way to get coverage is to prove the only reason you had no coverage between March and October when you paid them was the fault of the workers compensation insurer and not your fault. If you can prove that the only reason you did not have coverage is because of EDD's negligence and not through any fault of your own, then you can pursue EDD for liability and also for refund of the penalty you were charged.
Law Educator, Esq.
Category: Legal
Satisfied Customers: 120,136
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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